Federal Register / Vol. 88, No. 243 / Wednesday, December 20, 2023 / Notices 88087 

Sherrette A. Funn, 

Paperwork Reduction Act Reports Clearance 

Officer, Office of the Secretary. 

[FR Doc. 2023–27899 Filed 12–19–23; 8:45 am] 

BILLING CODE 4150–05–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Indian Health Service 

Funding Opportunity for Tribal SelfGovernance Planning Cooperative 

Agreement Program 

Announcement Type: New. 

Funding Announcement Number: 

HHS–2024–IHS–TSGP–0001. 

Assistance Listing (Catalog of Federal 

Domestic Assistance or CFDA) Number: 

93.444. 

Key Dates 

Application Deadline Date: February 

19, 2024. 

Earliest Anticipated Start Date: April 

1, 2024. 

I. Funding Opportunity Description 

Statutory Authority 

The Indian Health Service (IHS) is 

accepting applications for cooperative 

agreements for the Tribal SelfGovernance Planning Cooperative 

Agreement Program. This program is 

authorized under the Snyder Act, 25 

U.S.C. 13; the Transfer Act, 42 U.S.C. 

2001(a); and Title V of the Indian SelfDetermination and Education 

Assistance Act (ISDEAA), 25 U.S.C. 

5383(e). The Assistance Listings section 

of SAM.gov (https://same.gov/content/ 

home) describes this program under 

93.444. 

Background 

The Tribal Self-Governance Program 

(TSGP) is more than an IHS program; it 

is an expression of the Government-toGovernment relationship between the 

United States (U.S.) and Indian Tribes. 

Through the TSGP, Tribes negotiate 

with the IHS to assume Programs, 

Services, Functions, and Activities 

(PSFAs), or portions thereof, which 

gives Tribes the authority to manage and 

tailor health care programs in a manner 

that best fits the needs of their 

communities. 

Participation in the TSGP affords 

Tribes the most flexibility to tailor their 

health care needs by choosing one of 

three ways to obtain health care from 

the Federal Government for their 

citizens. Specifically, Tribes can choose 

to: (1) receive health care services 

directly from the IHS; (2) contract with 

the IHS to administer individual 

programs and services the IHS would 

otherwise provide (referred to as Title I 

Self-Determination Contracting); and (3) 

compact with the IHS to assume control 

over health care programs the IHS 

would otherwise provide (referred to as 

Title V Self-Governance Compacting or 

the TSGP). These options are not 

exclusive and Tribes may choose to 

combine options based on their 

individual needs and circumstances. 

The TSGP is a tribally-driven 

initiative and strong Federal-Tribal 

partnerships are essential to the 

program’s success. The IHS established 

the Office of Tribal Self-Governance 

(OTSG) to implement the SelfGovernance authorities under the 

ISDEAA. The primary OTSG functions 

are to: (1) serve as the primary liaison 

and advocate for Tribes participating in 

the TSGP; (2) develop, direct, and 

implement TSGP policies and 

procedures; (3) provide information and 

technical assistance to Self-Governance 

Tribes; and (4) advise the IHS Director 

on compliance with TSGP policies, 

regulations, and guidelines. Each IHS 

Area has an Agency Lead Negotiator 

(ALN), designated by the IHS Director to 

act on his or her behalf, who has 

authority to negotiate Self-Governance 

Compacts and Funding Agreements. 

Tribes interested in participating in the 

TSGP should contact their respective 

ALN to begin the Self-Governance 

planning and negotiation process. 

Tribes currently participating in the 

TSGP that are interested in expanding 

existing or adding new PSFAs should 

also contact their respective ALN to 

discuss the best methods for expanding 

or adding new PSFAs. 

Purpose 

The purpose of this Planning 

Cooperative Agreement is to provide 

resources to Tribes interested in 

entering the TSGP and to existing SelfGovernance Tribes interested in 

assuming new or expanded PSFAs. Title 

V of the ISDEAA requires a Tribe or 

Tribal organization (T/TO) to complete 

a planning phase to the satisfaction of 

the Tribe. The planning phase must 

include legal and budgetary research 

and internal Tribal government 

planning and organizational preparation 

relating to the administration of health 

care programs. See 25 U.S.C. 5383(d). 

The planning phase is critical to 

negotiations and helps Tribes make 

informed decisions about which PSFAs 

to assume and what organizational 

changes or modifications are necessary 

to successfully support those PSFAs. A 

thorough planning phase improves 

timeliness and efficient negotiations and 

ensures that the Tribe is fully prepared 

to assume the transfer of IHS PSFAs to 

the Tribal health program. 

A Planning Cooperative Agreement is 

not a prerequisite to enter the TSGP and 

a Tribe may use other resources to meet 

the planning requirement. Tribes that 

receive Planning Cooperative 

Agreements are not obligated to 

participate in the TSGP and may choose 

to delay or decline participation based 

on the outcome of their planning 

activities. This also applies to existing 

Self-Governance Tribes exploring the 

option to expand their current PSFAs or 

assume additional PSFAs. 

II. Award Information 

Funding Instrument—Cooperative 

Agreement 

Estimated Funds Available 

The total funding identified for fiscal 

year (FY) 2024 is approximately 

$900,000. Individual award amounts are 

anticipated to be $180,000. The funding 

available for competing awards issued 

under this announcement is subject to 

the availability of appropriations and 

budgetary priorities of the Agency. The 

IHS is under no obligation to make 

awards that are selected for funding 

under this announcement. 

Anticipated Number of Awards 

The IHS anticipates issuing 

approximately five awards under this 

program announcement. 

Period of Performance 

The period of performance is for 1 

year. 

Cooperative Agreement 

Cooperative agreements awarded by 

the Department of Health and Human 

Services (HHS) are administered under 

the same policies as grants. However, 

the funding agency, IHS, is anticipated 

to have substantial programmatic 

involvement in the project during the 

entire period of performance. Below is 

a detailed description of the level of 

involvement required of the IHS. 

Substantial Agency Involvement 

Description for Cooperative Agreement 

A. Provide descriptions of PSFAs and 

associated funding at all organizational 

levels (service unit, area, and 

headquarters) including funding 

formulas and methodologies related to 

determining Tribal shares. 

B. Meet with Planning Cooperative 

Agreement recipients to provide 

program information and discuss 

methods currently used to manage and 

deliver health care. 

C. Identify and provide statutes, 

regulations, and policies that provide 


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authority for administering IHS 

programs. 

D. Provide technical assistance on the 

IHS budget, Tribal shares, and other 

topics as needed. 

III. Eligibility Information 

1. Eligibility 

To be eligible for this opportunity, 

applicant must meet the following 

criteria: 

• Applicant must be an ‘‘Indian 

Tribe’’ as defined in 25 U.S.C. 5304(e); 

a ‘‘Tribal Organization’’ as defined in 25 

U.S.C. 5304(l); or an ‘‘Inter-Tribal 

Consortium’’ as defined at 42 CFR 

137.10. Please note that Tribes 

prohibited from contracting pursuant to 

the ISDEAA are not eligible. See section 

424(a) of the Consolidated 

Appropriations Act, 2014, Public Law 

113–76, as amended by section 445 of 

the Consolidated Appropriations Act, 

2023, Public Law 117–328, and the 

Continuing Appropriations Act, 2024 

and Other Extensions Act, Public Law 

118–15. 

• Pursuant to 25 U.S.C. 5383(c)(1)(B), 

applicant must request participation in 

self-governance by resolution or other 

official action by the governing body of 

each Indian Tribe to be served. Note: If 

the applicant has already successfully 

completed the planning phase required 

and requested participation in the IHS 

Tribal Self-Governance Program by 

official Tribal action, then the applicant 

is not eligible for this funding 

opportunity. 

• Pursuant to 25 U.S.C. 5383(c)(1)(C), 

applicant must demonstrate financial 

stability and financial management 

capability for 3 fiscal years. 

Meeting the eligibility criteria for a 

Planning Cooperative Agreement does 

not mean that a T/TO is eligible for 

participation in the IHS TSGP under 

Title V of the ISDEAA. See 25 U.S.C. 

5383, 42 CFR 137.15–23. For additional 

information on the eligibility for the IHS 

TSGP, please visit the ‘‘Eligibility and 

Funding’’ page on the OTSG website 

located at https://www.ihs.gov/

SelfGovernance. 

The Division of Grants Management 

(DGM) will notify any applicants 

deemed ineligible. 

2. Additional Information on Eligibility 

The IHS does not fund concurrent 

projects. If an applicant is successful 

under this announcement, any 

subsequent applications in response to 

other Tribal Self-Governance Planning 

Cooperative Agreement Program 

announcements from the same applicant 

will not be funded. Applications on 

behalf of individuals (including sole 

proprietorships) and foreign 

organizations are not eligible and will 

be disqualified from competitive review 

and funding under this funding 

opportunity. 

Note: Please refer to Section IV.2 

(Application and Submission Information/ 

Subsection 2, Content and Form of 

Application Submission) for additional proof 

of applicant status documents required, such 

as Tribal Resolutions, proof of nonprofit 

status, etc. 

3. Cost Sharing or Matching 

The IHS does not require matching 

funds or cost sharing for grants or 

cooperative agreements. 

4. Other Requirements 

Applications with budget requests 

that exceed the highest dollar amount 

outlined under Section II Award 

Information, Estimated Funds Available, 

or exceed the period of performance 

outlined under Section II Award 

Information, Period of Performance, are 

considered not responsive and will not 

be reviewed. The DGM will notify the 

applicant. 

Additional Required Documentation 

Tribal Resolution 

The DGM must receive an official, 

signed Tribal Resolution prior to issuing 

a Notice of Award (NoA) to any T/TO 

selected for funding. An applicant that 

is proposing a project affecting another 

Indian Tribe must include resolutions 

from all affected Tribes to be served. 

However, if an official signed Tribal 

Resolution cannot be submitted with the 

application prior to the application 

deadline date, a draft Tribal Resolution 

must be submitted with the application 

by the deadline date in order for the 

application to be considered complete 

and eligible for review. The draft Tribal 

Resolution is not in lieu of the required 

signed resolution but is acceptable until 

a signed resolution is received. If an 

application without a signed Tribal 

Resolution is selected for funding, the 

applicant will be contacted by the 

Grants Management Specialist (GMS) 

listed in this funding announcement 

and given 90 days to submit an official 

signed Tribal Resolution to the GMS. If 

the signed Tribal Resolution is not 

received within 90 days, the award will 

be forfeited. 

Applicants organized with a 

governing structure other than a Tribal 

council may submit an equivalent 

document commensurate with their 

governing organization. 

IV. Application and Submission 

Information 

Grants.gov uses a Workspace model 

for accepting applications. The 

Workspace consists of several online 

forms and three forms in which to 

upload documents—Project Narrative, 

Budget Narrative, and Other Documents. 

Give your files brief descriptive names. 

The filenames are key in finding 

specific documents during the merit 

review and in processing awards. 

Upload all requested and optional 

documents individually, rather than 

combining them into a single file. 

Creating a single file creates confusion 

when trying to find specific documents. 

Such confusion can contribute to delays 

in processing awards, and could lead to 

lower scores during the merit review. 

1. Obtaining Application Materials 

The application package and detailed 

instructions for this announcement are 

available at https://www.Grants.gov. 

Please direct questions regarding the 

application process to DGM@ihs.gov. 

2. Content and Form Application 

Submission 

Mandatory documents for all 

applications are listed below. An 

application is incomplete if any of the 

listed mandatory documents are 

missing. Incomplete applications will 

not be reviewed. 

• Application forms: 

1. SF–424, Application for Federal 

Assistance. 

2. SF–424A, Budget Information— 

Non-Construction Programs. 

3. SF–424B, Assurances—NonConstruction Programs. 

4. Project Abstract Summary form. 

• Project Narrative (not to exceed 10 

pages). See Section IV.2.A, Project 

Narrative for instructions. 

• Budget Narrative (not to exceed 5 

pages). See Section IV.2.B, Budget 

Narrative for instructions. 

• One-page Timeframe Chart. 

• Biographical sketches for all Key 

Personnel. 

• Certification Regarding Lobbying 

(GG-Lobbying Form). 

The documents listed here may be 

required. Please read this list carefully. 

• Tribal Resolution(s) as described in 

Section III, Eligibility. 

• Disclosure of Lobbying Activities 

(SF–LLL), if applicant conducts 

reportable lobbying. 

• Copy of current Negotiated Indirect 

Cost (IDC) rate agreement (required in 

order to receive IDC). 

• Documentation of current Office of 

Management and Budget (OMB) 

Financial Audit. 


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Acceptable forms of documentation 

include: 

1. Email confirmation from Federal 

Audit Clearinghouse (FAC) that audits 

were submitted; or 

2. Face sheets from audit reports. 

Applicants can find these on the 

FAC website at https://facdissem.

census.gov/. 

Additional documents can be 

uploaded as Other Attachments in 

Grants.gov. These can include: 

• Work plan, logic model, and/or 

timeline for proposed objectives. 

• Position descriptions for key staff. 

• Resumes of key staff that reflect 

current duties. 

• Consultant or contractor proposed 

scope of work and letter of commitment 

(if applicable). 

• Organizational chart. 

• Map of area identifying project 

location(s). 

• Additional documents to support 

narrative (for example, data tables, key 

news articles). 

Public Policy Requirements 

All Federal public policies apply to 

IHS grants and cooperative agreements. 

Pursuant to 45 CFR 80.3(d), an 

individual shall not be deemed 

subjected to discrimination by reason of 

their exclusion from benefits limited by 

Federal law to individuals eligible for 

benefits and services from the IHS. See 

https://www.hhs.gov/grants/grants/ 

grants-policies-regulations/index.html. 

Requirements for Project and Budget 

Narratives 

A. Project Narrative 

This narrative should be a separate 

document that is no more than 10 pages 

and must: (1) have consecutively 

numbered pages; (2) use black font 12 

points or larger (applicants may use 10 

point font for tables); (3) be singlespaced; and (4) be formatted to fit 

standard letter paper (81⁄2 x 11 inches). 

Do not combine this document with any 

others. 

Be sure to succinctly answer all 

questions listed under the evaluation 

criteria (refer to Section V.1, Evaluation 

Criteria), and place all responses and 

required information in the correct 

section noted below or they will not be 

considered or scored. If the narrative 

exceeds the overall page limit, the 

reviewers will be directed to ignore any 

content beyond the page limit. The 10- 

page limit for the project narrative does 

not include the work plan, standard 

forms, Tribal Resolutions, budget, 

budget narratives, and/or other items. 

Page limits for each section within the 

project narrative are guidelines, not 

hard limits. 

There are three parts to the project 

narrative: Part 1—Program Information; 

Part 2—Program Planning and 

Evaluation; and Part 3—Program Report. 

See below for additional details about 

what must be included in the narrative. 

The page limits below are for each 

narrative and budget submitted. 

Part 1: Program Information (Limit—4 

Pages) 

Section 1: Needs 

Describe the Tribe’s current health 

program activities, including: how long 

it has been operating; what programs or 

services are currently being provided; 

and if the applicant is currently 

administering any ISDEAA Title I SelfDetermination Contracts or Title V SelfGovernance Compacts. Identify the need 

for assistance and how the Planning 

Cooperative Agreement would benefit 

the health activities the Tribe is 

currently administering or looking to 

expand. 

Part 2: Program Planning and Evaluation 

(Limit—4 Pages) 

Section 1: Program Plans 

Project Objective(s), Work Plan, and 

Approach 

State in measureable terms the 

objectives and appropriate activities to 

achieve the following Planning 

Cooperative Agreement recipient award 

activities: 

(A) Research and analyze the complex 

IHS budget to gain a thorough 

understanding of funding distribution at 

all organizational levels and determine 

which PSFAs the Tribe may elect to 

assume or expand. 

(B) Establish a process to identify 

PSFAs and associated funding that may 

be incorporated into current programs. 

(C) Determine the Tribe’s share of 

each PSFA and evaluate the current 

level of health care services being 

provided to make an informed decision 

on new or expanded program 

assumption. 

(D) Describe how the objectives are 

consistent with the purpose of the 

program, the needs of the people to be 

served, and how they will be achieved 

within the proposed timeframe. Identify 

the expected results, benefits, and 

outcomes or products to be derived from 

each objective of the project and how 

they will be measured. 

Organizational Capabilities, Key 

Personnel, and Qualifications 

Describe the organizational structure 

of the Tribe and its ability to manage the 

proposed project. Include resumes or 

position descriptions of key staff 

showing requisite experience and 

expertise. If applicable, include resumes 

and scope of work for consultants that 

demonstrate experience and expertise 

relevant to the project. 

Section 2: Program Evaluation 

Define the criteria to be used to 

evaluate planning activities and how 

they will be measured. Describe fully 

and clearly the methodology that will be 

used to determine if the needs identified 

are being met and if the outcomes are 

being achieved. This section must 

address the following questions: 

(A) Are the goals and objectives 

measurable and consistent with the 

purpose of the program and the needs 

of the people to be served? 

(B) Are the goals achievable within 

the proposed timeframe? 

Part 3: Program Report (Limit—2 Pages) 

Section 1: Describe your 

organization’s significant program 

activities and accomplishments over the 

past 6 to 12 months associated with the 

goals of this announcement. 

Please identify and describe 

significant program activities and 

achievements associated with the 

delivery of quality health services. 

Provide a comparison of the actual 

accomplishments to the goals 

established for the project period or, if 

applicable, provide justification for the 

lack of progress. 

B. Budget Narrative (Limit—5 Pages) 

Provide a budget narrative that 

explains the amounts requested for each 

line item of the budget from the SF– 

424A (Budget Information for NonConstruction Programs) for the entire 

project. The applicant can submit with 

the budget narrative a more detailed 

spreadsheet than is provided by the SF– 

424A (the spreadsheet will not be 

considered part of the budget narrative). 

The budget narrative should specifically 

describe how each item would support 

the achievement of proposed objectives. 

Be very careful about showing how each 

item in the ‘‘Other’’ category is justified. 

Do NOT use the budget narrative to 

expand the project narrative. 

3. Submission Dates and Times 

Applications must be submitted 

through Grants.gov by 11:59 p.m. 

Eastern Time on the Application 

Deadline Date. Any application received 

after the application deadline will not 

be accepted for review. Grants.gov will 

notify the applicant via email if the 

application is rejected. 

If technical challenges arise and 

assistance is required with the 

application process, contact Grants.gov 

Customer Support (see contact 


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information at https://www.Grants.gov). 

If problems persist, contact Mr. Paul 

Gettys, Deputy Director, DGM, by email 

at DGM@ihs.gov. Please be sure to 

contact Mr. Gettys at least 10 days prior 

to the application deadline. Please do 

not contact the DGM until you have 

received a Grants.gov tracking number. 

In the event you are not able to obtain 

a tracking number, call the DGM as soon 

as possible. 

The IHS will not acknowledge receipt 

of applications. 

4. Intergovernmental Review 

Executive Order 12372 requiring 

intergovernmental review is not 

applicable to this program. 

5. Funding Restrictions 

• Pre-award costs are not allowable. 

• The available funds are inclusive of 

direct and indirect costs. 

• Only one cooperative agreement 

may be awarded per applicant. 

6. Electronic Submission Requirements 

All applications must be submitted 

via Grants.gov. Please use the https://

www.Grants.gov website to submit an 

application. Find the application by 

selecting the ‘‘Search Grants’’ link on 

the homepage. Follow the instructions 

for submitting an application under the 

Package tab. No other method of 

application submission is acceptable. 

If you cannot submit an application 

through Grants.gov, you must request a 

waiver prior to the application due date. 

You must submit your waiver request by 

email to DGM@ihs.gov. Your waiver 

request must include clear justification 

for the need to deviate from the required 

application submission process. The 

IHS will not accept any applications 

submitted through any means outside of 

Grants.gov without an approved waiver. 

If the DGM approves your waiver 

request, you will receive a confirmation 

of approval email containing 

submission instructions. You must 

include a copy of the written approval 

with the application submitted to the 

DGM. Applications that do not include 

a copy of the waiver approval from the 

DGM will not be reviewed. The Grants 

Management Officer of the DGM will 

notify the applicant via email of this 

decision. Applications submitted under 

waiver must be received by the DGM no 

later than 5:00 p.m. Eastern Time on the 

Application Deadline Date. Late 

applications will not be accepted for 

processing. Applicants that do not 

register for both the System for Award 

Management (SAM) and Grants.gov 

and/or fail to request timely assistance 

with technical issues will not be 

considered for a waiver to submit an 

application via alternative method. 

Please be aware of the following: 

• Please search for the application 

package in https://www.Grants.gov by 

entering the Assistance Listing number 

or the Funding Opportunity Number. 

Both numbers are located in the header 

of this announcement. 

• If you experience technical 

challenges while submitting your 

application, please contact Grants.gov 

Customer Support (see contact 

information at https://www.Grants.gov). 

• Upon contacting Grants.gov, obtain 

a tracking number as proof of contact. 

The tracking number is helpful if there 

are technical issues that cannot be 

resolved and a waiver from the agency 

must be obtained. 

• Applicants are strongly encouraged 

not to wait until the deadline date to 

begin the application process through 

Grants.gov as the registration process for 

SAM and Grants.gov could take up to 20 

working days. 

• Please follow the instructions on 

Grants.gov to include additional 

documentation that may be requested by 

this funding announcement. 

• Applicants must comply with any 

page limits described in this funding 

announcement. 

• After submitting the application, 

you will receive an automatic 

acknowledgment from Grants.gov that 

contains a Grants.gov tracking number. 

The IHS will not notify you that the 

application has been received. 

System for Award Management 

Organizations that are not registered 

with the System for Award Management 

(SAM) must access the SAM online 

registration through the SAM home page 

at https://sam.gov. Organizations based 

in the U.S. will also need to provide an 

Employer Identification Number from 

the Internal Revenue Service that may 

take an additional 2–5 weeks to become 

active. Please see SAM.gov for details on 

the registration process and timeline. 

Registration with the SAM is free of 

charge but can take several weeks to 

process. Applicants may register online 

at https://sam.gov. 

Unique Entity Identifier 

Your SAM.gov registration now 

includes a Unique Entity Identifier 

(UEI), generated by SAM.gov, which 

replaces the DUNS number obtained 

from Dun and Bradstreet. SAM.gov 

registration no longer requires a DUNS 

number. 

Check your organization’s SAM.gov 

registration as soon as you decide to 

apply for this program. If your SAM.gov 

registration is expired, you will not be 

able to submit an application. It can take 

several weeks to renew it or resolve any 

issues with your registration, so do not 

wait. 

Check your Grants.gov registration. 

Registration and role assignments in 

Grants.gov are self-serve functions. One 

user for your organization will have the 

authority to approve role assignments, 

and these must be approved for active 

users in order to ensure someone in 

your organization has the necessary 

access to submit an application. 

The Federal Funding Accountability 

and Transparency Act of 2006, as 

amended (‘‘Transparency Act’’), 

requires all HHS recipients to report 

information on sub-awards. 

Accordingly, all IHS recipients must 

notify potential first-tier sub-recipients 

that no entity may receive a first-tier 

sub-award unless the entity has 

provided its UEI number to the prime 

recipient organization. This requirement 

ensures the use of a universal identifier 

to enhance the quality of information 

available to the public pursuant to the 

Transparency Act. 

Additional information on 

implementing the Transparency Act, 

including the specific requirements for 

SAM, are available on the DGM Grants 

Management, Policy Topics web page at 

https://www.ihs.gov/dgm/policytopics/. 

V. Application Review Information 

Possible points assigned to each 

section are noted in parentheses. The 

project narrative and budget narrative 

should include the proposed activities 

for the entire period of performance. 

The project narrative should be written 

in a manner that is clear to outside 

reviewers unfamiliar with prior related 

activities of the applicant. It should be 

well organized, succinct, and contain all 

information necessary for reviewers to 

fully understand the project. 

Attachments requested in the criteria do 

not count toward the page limit for the 

narratives. Points will be assigned to 

each evaluation criteria adding up to a 

total of 100 possible points. Points are 

assigned as follows: 

1. Evaluation Criteria 

A. Introduction and Need for Assistance 

(25 Points) 

Describe the Tribe’s current health 

program activities, including: how long 

it has been operating, what programs or 

services are currently being provided, 

and if the applicant is currently 

administering any ISDEAA Title I SelfDetermination Contracts or Title V SelfGovernance Compacts. Identify the need 

for assistance and how the Planning 

Cooperative Agreement would benefit 


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the health activities the Tribe is 

currently administering and/or looking 

to expand. 

B. Project Objective(s), Work Plan and 

Approach (25 Points) 

State in measurable terms the 

objectives and appropriate activities to 

achieve the following Planning 

Cooperative Agreement recipient award 

activities: 

(1) Research and analyze the complex 

IHS budget to gain a thorough 

understanding of funding distribution at 

all organizational levels and determine 

which PSFAs the Tribe may elect to 

assume or expand. 

(2) Establish a process to identify 

PSFAs and associated funding that may 

be incorporated into current programs. 

(3) Determine the Tribe’s share of 

each PSFA and evaluate the current 

level of health care services being 

provided to make an informed decision 

on new or expanded program 

assumption. 

(4) Describe how the objectives are 

consistent with the purpose of the 

program, the needs of the people to be 

served, and how they will be achieved 

within the proposed timeframe. Identify 

the expected results, benefits, and 

outcomes or products to be derived from 

each objective of the project. 

C. Program Evaluation (25 Points) 

Define the criteria to be used to 

evaluate planning activities and how 

they will be measured. Clearly describe 

the methodologies and parameters that 

will be used to determine if the needs 

identified are being met and if the 

outcomes identified are being achieved. 

Are the goals and objectives measurable 

and consistent with the purpose of the 

program and meet the needs of the 

people to be served? Are they 

achievable within the proposed 

timeframe? Describe how the 

assumption of PSFAs enhances 

sustainable health delivery. Ensure the 

measurement includes activities that 

will lead to sustainability. 

D. Organizational Capabilities, Key 

Personnel, and Qualifications (15 

Points) 

Describe the organizational structure 

of the Tribe and its ability to manage the 

proposed project. Include resumes or 

position descriptions of key staff 

showing requisite experience and 

expertise. If applicable, include resumes 

and scope of work for consultants that 

demonstrate experience and expertise 

relevant to the project. 

E. Categorical Budget and Budget 

Justification (10 Points) 

Submit a budget with a narrative 

describing the budget request and 

matching the scope of work described in 

the project narrative. Justify all 

expenditures identifying reasonable and 

allowable costs necessary to accomplish 

the goals and objectives as outlined in 

the project narrative. 

2. Review and Selection 

Each application will be prescreened 

for eligibility and completeness as 

outlined in this funding announcement. 

The Review Committee (RC) will review 

applications that meet the eligibility 

criteria. The RC will review the 

applications for merit based on the 

evaluation criteria. Incomplete 

applications and applications that are 

not responsive to the administrative 

thresholds (budget limit, period of 

performance limit) will not be referred 

to the RC and will not be funded. The 

DGM will notify the applicant of this 

determination. 

Applicants must address all program 

requirements and provide all required 

documentation. 

3. Notifications of Disposition 

All applicants will receive an 

Executive Summary Statement from the 

IHS Office of Tribal Self-Governance 

within 30 days of the conclusion of the 

ORC outlining the strengths and 

weaknesses of their application. The 

summary statement will be sent to the 

Authorizing Official identified on the 

face page (SF–424) of the application. 

A. Award Notices for Funded 

Applications 

The NoA is the authorizing document 

for which funds are dispersed to the 

approved entities and reflects the 

amount of Federal funds awarded, the 

purpose of the award, the terms and 

conditions of the award, the effective 

date of the award, the budget period, 

and period of performance. Each entity 

approved for funding must have a user 

account in GrantSolutions in order to 

retrieve the NoA. Please see the Agency 

Contacts list in Section VII for 

GrantSolutions or Grants.gov contact 

information. 

B. Approved But Unfunded 

Applications 

Approved applications not funded 

due to lack of available funds will be 

held for 1 year. If funding becomes 

available during the course of the year, 

the application may be reconsidered. 

Note: Any correspondence, other than the 

official NoA executed by an IHS grants 

management official announcing to the 

project director that an award has been made 

to their organization, is not an authorization 

to implement their program on behalf of the 

IHS. 

VI. Award Administration Information 

1. Administrative Requirements 

Awards issued under this 

announcement are subject to, and are 

administered in accordance with, the 

following regulations and policies: 

A. The criteria as outlined in this 

program announcement. 

B. Administrative Regulations for 

Awards: 

• Uniform Administrative 

Requirements, Cost Principles, and 

Audit Requirements for HHS Awards 

currently in effect or implemented 

during the period of award, other 

Department regulations and policies in 

effect at the time of award, and 

applicable statutory provisions. At the 

time of publication, this includes 45 

CFR part 75, at https://www.govinfo.gov/ 

content/pkg/CFR-2022-title45-vol1/pdf/ 

CFR-2022-title45-vol1-part75.pdf. 

• If you receive an award, HHS may 

terminate it if any of the conditions in 

2 CFR 200.340(a)(1)–(4) are met. Please 

review all HHS regulatory provisions for 

Termination at 45 CFR 75.372, at the 

time of this publication located at 

https://www.govinfo.gov/content/pkg/ 

CFR-2022-title45-vol1/pdf/CFR-2022- 

title45-vol1-sec75-372.pdf. 

C. Grants Policy: 

• HHS Grants Policy Statement, 

Revised January 2007, at https://

www.hhs.gov/sites/default/files/grants/ 

grants/policies-regulations/ 

hhsgps107.pdf. 

D. Cost Principles: 

• Uniform Administrative 

Requirements for HHS Awards, ‘‘Cost 

Principles,’’ at 45 CFR part 75 subpart 

E, at the time of this publication located 

at https://www.govinfo.gov/content/pkg/ 

CFR-2022-title45-vol1/pdf/CFR-2022- 

title45-vol1-part75-subpartE.pdf. 

E. Audit Requirements: 

• Uniform Administrative 

Requirements for HHS Awards, ‘‘Audit 

Requirements,’’ at 45 CFR part 75 

subpart F, at the time of this publication 

located at https://www.govinfo.gov/ 

content/pkg/CFR-2022-title45-vol1/pdf/ 

CFR-2022-title45-vol1-part75- 

subpartF.pdf. 

F. As of August 13, 2020, 2 CFR part 

200 was updated to include a 

prohibition on certain 

telecommunications and video 

surveillance services or equipment. This 

prohibition is described in 2 CFR 

200.216. This will also be described in 

the terms and conditions of every IHS 


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88092 Federal Register / Vol. 88, No. 243 / Wednesday, December 20, 2023 / Notices 

grant and cooperative agreement 

awarded on or after August 13, 2020. 

2. Indirect Costs 

This section applies to all recipients 

that request reimbursement of IDC in 

their application budget. In accordance 

with HHS Grants Policy Statement, Part 

II–27, the IHS requires applicants to 

obtain a current IDC rate agreement and 

submit it to the DGM prior to the DGM 

issuing an award. The rate agreement 

must be prepared in accordance with 

the applicable cost principles and 

guidance as provided by the cognizant 

agency or office. A current rate covers 

the applicable award activities under 

the current award’s budget period. If the 

current rate agreement is not on file 

with the DGM at the time of award, the 

IDC portion of the budget will be 

restricted. The restrictions remain in 

place until the current rate agreement is 

provided to the DGM. 

Per 2 CFR 200.414(f) Indirect (F&A) 

costs, found at https://www.govinfo.gov/ 

content/pkg/CFR-2023-title2-vol1/pdf/ 

CFR-2023-title2-vol1-sec200-414.pdf. 

Electing to charge a de minimis rate 

of 10 percent can be used by applicants 

that have received an approved 

negotiated indirect cost rate from HHS 

or another cognizant Federal agency. 

Applicants awaiting approval of their 

indirect cost proposal may request the 

10 percent de minimis rate. When the 

applicant chooses this method, costs 

included in the indirect cost pool must 

not be charged as direct costs to the 

award. 

Available funds are inclusive of direct 

and appropriate indirect costs. 

Approved indirect funds are awarded as 

part of the award amount, and no 

additional funds will be provided. 

Generally, IDC rates for IHS recipients 

are negotiated with the Division of Cost 

Allocation at https://rates.psc.gov/ or 

the Department of the Interior (Interior 

Business Center) at https://ibc.doi.gov/ 

ICS/tribal. For questions regarding the 

indirect cost policy, please write to 

DGM@ihs.gov. 

3. Reporting Requirements 

The recipient must submit required 

reports consistent with the applicable 

deadlines. Failure to submit required 

reports within the time allowed may 

result in suspension or termination of 

an active award, withholding of 

additional awards for the project, or 

other enforcement actions such as 

withholding of payments or converting 

to the reimbursement method of 

payment. Continued failure to submit 

required reports may result in the 

imposition of special award provisions 

and/or the non-funding or non-award of 

other eligible projects or activities. This 

requirement applies whether the 

delinquency is attributable to the failure 

of the recipient organization or the 

individual responsible for preparation 

of the reports. Per DGM policy, all 

reports must be submitted electronically 

by attaching them as a ‘‘Grant Note’’ in 

GrantSolutions. Personnel responsible 

for submitting reports will be required 

to obtain a login and password for 

GrantSolutions. Please use the form 

under the Recipient User section of 

https://www.grantsolutions.gov/home/ 

getting-started-request-a-user-account/. 

Download the Recipient User Account 

Request Form, fill it out completely, and 

submit it as described on the web page 

and in the form. 

The reporting requirements for this 

program are noted below. 

A. Progress Reports 

Program progress reports are required 

semi-annually. The progress reports are 

due within 30 days after the reporting 

period ends (specific dates will be listed 

in the NoA Terms and Conditions). 

These reports must include a brief 

comparison of actual accomplishments 

to the goals established for the period, 

a summary of progress to date or, if 

applicable, provide sound justification 

for the lack of progress, and other 

pertinent information as required. A 

final report must be submitted within 

120 days of the period of performance 

end date. 

B. Financial Reports 

Federal Financial Reports are due 90 

days after the end of each budget period, 

and a final report is due 120 days after 

the end of the period of performance. 

Recipients are responsible and 

accountable for reporting accurate 

information on all required reports: the 

Progress Reports and the Federal 

Financial Report. 

Failure to submit timely reports may 

result in adverse award actions blocking 

access to funds. 

C. Federal Sub-Award Reporting System 

(FSRS) 

This award may be subject to the 

Transparency Act sub-award and 

executive compensation reporting 

requirements of 2 CFR part 170. 

The Transparency Act requires the 

OMB to establish a single searchable 

database, accessible to the public, with 

information on financial assistance 

awards made by Federal agencies. The 

Transparency Act also includes a 

requirement for recipients of Federal 

awards to report information about firsttier sub-awards and executive 

compensation under Federal assistance 

awards. 

The IHS has implemented a Term of 

Award into all IHS Standard Terms and 

Conditions, NoAs, and funding 

announcements regarding the FSRS 

reporting requirement. This IHS Term of 

Award is applicable to all IHS grant and 

cooperative agreements issued on or 

after October 1, 2010, with a $25,000 

sub-award obligation threshold met for 

any specific reporting period. 

For the full IHS award term 

implementing this requirement and 

additional award applicability 

information, visit the DGM Grants 

Management website at https://

www.ihs.gov/dgm/policytopics/. 

D. Non-Discrimination Legal 

Requirements for Recipients of Federal 

Financial Assistance (FFA) 

If you receive an award, you must 

follow all applicable nondiscrimination 

laws. You agree to this when you 

register in SAM.gov. You must also 

submit an Assurance of Compliance 

(HHS–690). To learn more, see https:// 

www.hhs.gov/civil-rights/for-providers/ 

laws-regulations-guidance/laws/ 

index.html. Pursuant to 45 CFR 80.3(d), 

an individual shall not be deemed 

subjected to discrimination by reason of 

their exclusion from benefits limited by 

Federal law to individuals eligible for 

benefits and services from the IHS. 

E. Federal Awardee Performance and 

Integrity Information System (FAPIIS) 

The IHS is required to review and 

consider any information about the 

applicant that is in the FAPIIS at 

https://www.fapiis.gov/fapiis/#/home 

before making any award in excess of 

the simplified acquisition threshold 

(currently $250,000) over the period of 

performance. An applicant may review 

and comment on any information about 

itself that a Federal awarding agency 

previously entered. The IHS will 

consider any comments by the 

applicant, in addition to other 

information in FAPIIS, in making a 

judgment about the applicant’s integrity, 

business ethics, and record of 

performance under Federal awards 

when completing the review of risk 

posed by applicants, as described in 45 

CFR 75.205. 

As required by 45 CFR part 75 

appendix XII of the Uniform Guidance, 

NFEs are required to disclose in FAPIIS 

any information about criminal, civil, 

and administrative proceedings, and/or 

affirm that there is no new information 

to provide. This applies to NFEs that 

receive Federal awards (currently active 

grants, cooperative agreements, and 

procurement contracts) greater than $10 


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Federal Register / Vol. 88, No. 243 / Wednesday, December 20, 2023 / Notices 88093 

million for any period of time during 

the period of performance of an award/ 

project. 

Mandatory Disclosure Requirements 

As required by 2 CFR part 200 of the 

Uniform Guidance, and HHS 

implementing regulations at 45 CFR part 

75, the IHS must require an NFE or an 

applicant for a Federal award to 

disclose, in a timely manner, in writing 

to the IHS or pass-through entity all 

violations of Federal criminal law 

involving fraud, bribery, or gratuity 

violations potentially affecting the 

Federal award. 

All applicants and recipients must 

disclose in writing, in a timely manner, 

to the IHS and to the HHS Office of 

Inspector General all information 

related to violations of Federal criminal 

law involving fraud, bribery, or gratuity 

violations potentially affecting the 

Federal award. 45 CFR 75.113. 

Disclosures must be sent in writing to: 

U.S. Department of Health and Human 

Services, Indian Health Service, 

Division of Grants Management, 

ATTN: Marsha Brookins, Director, 

5600 Fishers Lane, Mail Stop: 09E70, 

Rockville, MD 20857 (Include 

‘‘Mandatory Grant Disclosures’’ in 

subject line), Office: (301) 443–5204, 

Fax: (301) 594–0899, Email: DGM@

ihs.gov 

AND 

U.S. Department of Health and Human 

Services, Office of Inspector General, 

ATTN: Mandatory Grant Disclosures, 

Intake Coordinator, 330 Independence 

Avenue SW, Cohen Building, Room 

5527, Washington, DC 20201, URL: 

https://oig.hhs.gov/fraud/reportfraud/ (Include ‘‘Mandatory Grant 

Disclosures’’ in subject line), Fax: 

(202) 205–0604 (Include ‘‘Mandatory 

Grant Disclosures’’ in subject line) or 

Email: MandatoryGrantee 

Disclosures@oig.hhs.gov 

Failure to make required disclosures 

can result in any of the remedies 

described in 45 CFR 75.371 Remedies 

for noncompliance, including 

suspension or debarment (see 2 CFR 

part 180 and 2 CFR part 376). 

VII. Agency Contacts 

1. Questions on the program matters 

may be directed to: Roxanne Houston, 

Program Officer, Indian Health Service, 

Office of Tribal Self-Governance, 5600 

Fishers Lane, Mail Stop: 08E05, 

Rockville, MD 20857, Phone: (301) 443– 

7821, Email: Roxanne.Houston@ihs.gov. 

2. Questions on awards management 

and fiscal matters may be directed to: 

Indian Health Service, Division of 

Grants Management, 5600 Fishers Lane, 

Mail Stop: 09E70, Rockville, MD 20857, 

Email: DGM@ihs.gov. 

3. For technical assistance with 

Grants.gov, please contact the 

Grants.gov help desk at (800) 518–4726, 

or by email at support@grants.gov. 

4. For technical assistance with 

GrantSolutions, please contact the 

GrantSolutions help desk at (866) 577– 

0771, or by email at help@

grantsolutions.gov. 

VIII. Other Information 

The Public Health Service strongly 

encourages all grant, cooperative 

agreement, and contract recipients to 

provide a smoke-free workplace and 

promote the non-use of all tobacco 

products. In addition, Public Law 103– 

227, the Pro-Children Act of 1994, 

prohibits smoking in certain facilities 

(or in some cases, any portion of the 

facility) in which regular or routine 

education, library, day care, health care, 

or early childhood development 

services are provided to children. This 

is consistent with the HHS mission to 

protect and advance the physical and 

mental health of the American people. 

Roselyn Tso, 

Director, Indian Health Service. 

[FR Doc. 2023–26954 Filed 12–19–23; 8:45 am] 

BILLING CODE 4166–14–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Indian Health Service 

Funding Opportunity for Tribal SelfGovernance Negotiation Cooperative 

Agreement Program 

Announcement Type: New. 

Funding Announcement Number: 

HHS–2024–IHS–TSGN–0001. 

Assistance Listing (Catalog of Federal 

Domestic Assistance or CFDA) Number: 

93.444. 

Key Dates 

Application Deadline Date: February 

19, 2024. 

Earliest Anticipated Start Date: April 

1, 2024. 

I. Funding Opportunity Description 

Statutory Authority 

The Indian Health Service (IHS) is 

accepting applications for cooperative 

agreements for the Tribal SelfGovernance Negotiation Cooperative 

Agreement Program. This program is 

authorized under the Snyder Act, 25 

U.S.C. 13; the Transfer Act, 42 U.S.C. 

2001(a); and title V of the Indian SelfDetermination and Education 

Assistance Act (ISDEAA), 25 U.S.C. 

5383(e). The Assistance Listings section 

of SAM.gov (https://same.gov/content/ 

home) describes this program under 

93.444. 

Background 

The Tribal Self-Governance Program 

(TSGP) is more than an IHS program; it 

is an expression of the government-togovernment relationship between the 

United States (U.S.) and Indian Tribes. 

Through the TSGP, Tribes negotiate 

with the IHS to assume Programs, 

Services, Functions, and Activities 

(PSFAs), or portions thereof, which 

gives Tribes the authority to manage and 

tailor health care programs in a manner 

that best fits the needs of their 

communities. 

Participation in the TSGP affords 

Tribes the most flexibility to tailor their 

health care needs by choosing one of 

three ways to obtain health care from 

the Federal Government for their 

citizens. Specifically, Tribes can choose 

to: (1) receive health care services 

directly from the IHS; (2) contract with 

the IHS to administer individual 

programs and services the IHS would 

otherwise provide (referred to as Title I 

Self-Determination Contracting); and (3) 

compact with the IHS to assume control 

over health care programs the IHS 

would otherwise provide (referred to as 

Title V Self-Governance Compacting or 

the TSGP). These options are not 

exclusive and Tribes may choose to 

combine options based on their 

individual needs and circumstances. 

The TSGP is a Tribally-driven 

initiative and strong Federal-Tribal 

partnerships are essential to the 

program’s success. The IHS established 

the Office of Tribal Self-Governance 

(OTSG) to implement the Tribal SelfGovernance authorities under the 

ISDEAA. The primary OTSG functions 

are to: (1) serve as the primary liaison 

and advocate for Tribes participating in 

the TSGP; (2) develop, direct, and 

implement TSGP policies and 

procedures; (3) provide information and 

technical assistance to Self-Governance 

Tribes; and (4) advise the IHS Director 

on compliance with TSGP policies, 

regulations, and guidelines. Each IHS 

Area has an Agency Lead Negotiator 

(ALN), designated by the IHS Director to 

act on his or her behalf, who has 

authority to negotiate Self-Governance 

Compacts and Funding Agreements 

(FA). Tribes interested in participating 

in the TSGP should contact their 

respective ALN to begin the SelfGovernance planning and negotiation 

process. Tribes currently participating 

in the TSGP that are interested in 

expanding existing or adding new 

PSFAs should also contact their 


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